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owner of the land described herein and that it has authority to execute this Development <br /> Agreement and agree to the conditions hereof and to subject the land hereto. Owner also <br /> represents and warrants that the use for which this development is sought will not violate any <br /> restrictive covenants applying to the property. <br /> 8.) BindingEffect. This Agreement shall be deemed to be a restrictive covenant and <br /> the terms and conditions hereof shall run with the land described herein and be binding on and <br /> inure to the benefit of the heirs, representatives, and assigns of the parties hereto, and shall be <br /> binding upon all future owners of all or any part of the subdivision, and shall be deemed <br /> covenants running with the land. Reference herein to the Owners, if there be more than one, <br /> shall mean each and all of them. <br /> This Agreement shall be placed of record so as to give notice hereof to subsequent <br /> purchasers. The cost of said recording shall be borne by the Owner and charges against the <br /> escrow account. <br /> 9.) Restrictions on Transfer/Indemnification. Owners agree to defend and hold the <br /> City, and its officials, employees and agents, harmless against any and all claims, demands, <br /> lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's <br /> fees, arising out of actions or omissions by Owners, their employees, and agents, in connection <br /> with the Project. No transfer or assignment shall be made without City approval and any <br /> assignment or transfer without such approval shall be void. <br /> 10.) Incorporation by Reference. All general and special conditions, plans, special <br /> provisions, proposals, specifications and contracts for the play and for any improvements <br /> furnished and let pursuant to this Agreement shall be and hereby are made a part of this <br /> Agreement by reference as if fully set out herein in full. <br /> 4 <br />